PEOPLE v. FATA


159 A.D.2d 180 (1990)

The People of the State of New York, Respondent, v. Peter Fata, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 18, 1990


Attorney(s) appearing for the Case

Ronald L. Kuby and William M. Kunstler (Ronald L. Kuby of counsel), for appellant.

Kenneth Gribetz, District Attorney (Deborah Wolikow Loewenberg of counsel), for respondent.

RUBIN, EIBER and MILLER, JJ., concur.


KUNZEMAN, J. P.

This appeal raises the question of whether cordless telephone conversations, which are partially broadcasted over ordinary radio waves, are nevertheless protected from warrantless interception by law enforcement officials. Although we conclude that the intentional interception of such conversations is prohibited by the State eavesdropping statute (see, Penal Law §§ 250.00, 250...

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